T 0041/13 () of 21.5.2013

European Case Law Identifier: ECLI:EP:BA:2013:T004113.20130521
Date of decision: 21 May 2013
Case number: T 0041/13
Application number: 06825598.3
IPC class: G06F 19/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 207.497K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: On-line healthcare consultation services system and method of using same
Applicant name: Intensive Care On-line
Opponent name: -
Board: 3.5.05
Headnote: -
Relevant legal provisions:
European Patent Convention Art 108
European Patent Convention R 101(1)
Keywords: Admissibility of appeal - missing statement of grounds
Catchwords:

-

Cited decisions:
-
Citing decisions:
-

Summary of Facts and Submissions

I. The appeal is against the decision of the examining division, posted on 18 July 2012, refusing European patent application No. 06825598.3.

II. Notice of appeal was received on 28 September 2012 and the appeal fee was paid on the same day. The notice of appeal contains an auxiliary request for oral proceedings.

III. A written statement setting out the grounds of appeal was not filed within the four-month time limit provided for in Article 108 EPC. Nor did the notice of appeal contain anything that might be considered as such statement.

IV. With a communication dated 14 January 2013, the board informed the appellant that no statement setting out the grounds of appeal had been received and that the appeal could be expected to be rejected as inadmissible. The appellant was further informed that any observations should be filed within two months.

V. The appellant filed no observations in response to said communication.

VI. With a communication dated 26 April 2013, the board informed the appellant that no statement setting out the grounds of appeal had been received and reminded the appellant of the pending request for oral proceedings.

VII. In response to this communication, by letter dated 6 May 2013 and received on 7 May 2013, the appellant withdrew its request for oral proceedings and confirmed that no additional documents had been submitted after receipt of the board's communication dated 26 April 2013.

Reasons for the Decision

As no written statement setting out the grounds of appeal was filed within the time limit provided for in Article 108 EPC, the appeal is inadmissible pursuant to Rule 101(1) EPC.

Order

For these reasons it is decided that:

The appeal is rejected as inadmissible.

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